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HomeMy WebLinkAbout1986_01_07 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK JANUARY 7, 1986, IN THE COURTHOUSE, 1201 PALMER AVENUE TOWN OF MAMARONECK, LARCHMONT, NEW YORK CALL TO ORDER The meeting was called to order by the Chairman at 8:17 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Patrick Kelleher Mrs. Elaine Price Mr. J. Rene Simon Absent: Mr. Peter D. Mosher Also present: Mr. Steven M. Silverberg, Town Counsel Mr. William Paonessa, Building Inspector Ms. Cynthia Fawcett, Recording Secretary Public Stenographer from Post Reporting Service, Inc. 175 Main Street White Plains, NY 10601 APPROVAL OF MINUTES Mrs. Price moved, Mr. Kelleher seconded, and the following minutes were approved unanimously: July 24, 1985; August 28, 1985; October 2, 1985; and November 26, 1985. APPLICATION NO. 1 - CASE 679 (This application was adjourned from the meeting of November 26, 1985.) Mr. Charles Hoffman's application for modification of Article VII Sec- tion 89-41 "Construction Requirements for "B" Business District" to allow the construction of an office building and off-street parking facilities, namely, Section A (3) which permits a maximum building coverage of 25%, proposed building coverage 58%; Subsection C which permits a maximum floor area of 50% of lot area, proposed 115%; Sub- section D(1) and (2) which permits a maximum building height of two stories and thirty feet, proposed three stories and forty feet; Sub- section E which requires a minimum of 195 off-street parking spaces @ 9'x20' , proposed 141 off-street parking spaces @ 9'x18' on the premises located at 10 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 410 on the grounds of practical difficulty and/or unnecessary hardship. The Public Stenographer took minutes of this application which will be made part of the record. Mr. George Forbes, attorney for Mr. Charles Hoffman, presented a new plan which included "Tandem Parking." Because this is not part of the original application, Mr. Forbes will submit a new applica- tion and hopes to make the February, 1986, meeting. January 7, 1986 APPLICATION NO. 2 - CASE 703 All parties involved requested that this case be adjourned until February, 1986, as there is a process going on between the involved parties of possible agreement. APPLICATION NO. 3 - CASE 708 The application was read by the Chairman as follows: Application of Mr. and Mrs. Uri Adner for modification of Article VI Section 89-33 Subsection B(2) (a) and (b) "Construction Require- ments for R-10 One Family Residence District" which requires a mini- mum side yard of 10 feet and a total of both side yards of 25 feet to allow the construction of an addition to the rear of the dwelling for a greenhouse and a wood deck having a minimum side yard of 6.0 feet and a total of both side yards of 15.5 feet which will main- tain the existing nonconforming side yard on the premises located at 200 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 98 on the grounds of prac- tical difficulty and/or unnecessary hardship. The Public Stenographer was present for this case, and his report will become a permanent part of this record. This case was adjourned until the next meeting due to lack of clari- fication from the judge as to what area is restricted for building. APPLICATION NO. 4 - CASE 715 Application of Mr. and Mrs. Stephen M. Warner for modification of Article VI Section 89-33 Subsection B(1) "Construction Requirements for R-10 One Family Residence District" which requires a minimum front yard setback of 30 feet from both streets to allow the con- struction of a 2nd floor addition at the southerly side of the dwell- ing which will maintain existing nonconforming front setback of 21.55 feet from Chester Place on the premises located at the corner of Chester Place and Dillon Road and known as 73 Chester Place on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Par- cel 302 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Warner, 73 Chester Place, stated that the house has inadequate space. Their children are growing and need a second bathroom for the household of four, as well as more living space. They feel that the current situation is a hardship. The Board looked over the plans. Mrs. Warner pointed out that they were only adding a second story on top of the existing building. There were no questions from the Board and no opposition or further comments from the audience. Mrs. Price moved that this application be considered a Type II action January 7, 1986 having no significant environmental impact. Mr. Kelleher seconded, and this motion was unanimously approved by the Board. Mr. Simon moved that the construction of the second story should be permitted by the Zoning Board due to practical difficulty in locating the additional space elsewhere and need of the applicants for the space to accommodate their family. Mr. Kelleher seconded this motion, and the application was approved unanimously, with the following reso- lution adopted: WHEREAS Mr. and Mrs. Stephen M. Warner have submitted an application to the Building Inspector to allow the con- struction of a second floor addition at the southerly side of the dwelling which will maintain the existing nonconforming front setback of 21.55 feet, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-33 Subsection B(1) "Construction Requirements for R-10 One Family Residence District" which requires a minimum front yard setback of 30 feet from both streets on the premises located at the corner of Chester Place and Dillon Road and known as 73 Chester Place on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 302; and WHEREAS Mr. and Mrs. Warner have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The additional space needed could not be located elsewhere without difficulty. 2. This space is needed to accommodate their growing family. 3. The existing nonconforming front setback will be maintained. WHEREAS this Board has examined the plans, reviewed the application, and has heard all persons interested in this application, after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the application on the following grounds: (a) That there are special circumstances and/or con- ditions applying to the land and/or building for which the variance is sought, which cir- cumstances and/or conditions have not resulted from any acts of the applicant subsequent to L�.. the date of the Zoning Regulations appealed from. January 7, 1986 (b) That the said circumstances or conditions are as follows: 1. The additional space needed could not be located elsewhere. 2. The additional space is needed to accommodate their growing family. 3. The addition will maintain the existing non- conforming setback. 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-33 Sub- section B(1) "Construction Requirements for R-10 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accom- plish this purpose. 5. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 6. There was no opposition from the neighbors who .�. are in the closest proximity; and it is FURTHER RESOLVED that a variance is hereby granted and that Article VI Section 89-33 Subsection B(1) "Construction Require- ments for R-10 One Family Residence District" be varied and modified so as to allow the construction of a second story above the present dwelling, maintaining the nonconforming front setback of 21.55 feet on the premises located at the corner of Chester Place and Dillon Road and known as 73 Chester Place on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 302 in strict conformance with plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. January 7, 1986 APPLICATION NO. 5 The application was read by the Chairman as follows: Application of Mr. Robert Neaman for modification of Article VI Section 89-32 Subsection B(1) "Construction Requirements for R-15 One Family Residence District" which requires a minimum front set- back of 40 feet to allow the construction of a one-story addition at the front of the dwelling having a front setback of 38.17 feet from Rockland Avenue on the premises located at 142 Rockland Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 524 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Price stated that because she knew the applicant, she would abstain from this case. The Chairman advised the applicant that with only three active Board members, this application would require unanimous approval for acceptance. The applicant was offered the option to postpone, but chose to proceed. Mr. Robert Neaman, 142 Rockland Avenue, stated that the house was built in the 1800s. The present entryway is very small, enabling access to only one person at a time. He wants a storm entryway, or vestibule, so that people are not outside getting wet. Mr. Nea- man added that the front of the house is covered by bushes so no one sees it. Mr. Kelleher asked Mr. Neaman to point out where the vestibule would be in the plan, which Mr. Neaman did, adding that there is currently a platform there. The vestibule will be built on that existing platform. There were no comments in support or opposition from the audience. The Chairman moved that this application be considered a Type II action, having no adverse environmental impact. Mr. Kelleher seconded this motion, which was unanimously approved by the three Board members. The Chairman moved that this application be approved on the grounds of practical difficulty and unnecessary hardship. Mr. Simon seconded, and the application was unanimously approved by the Board, with Mrs. Price abstaining, and the following resolution was adopted: WHEREAS Mr. Robert Neaman has submitted an application to the Building Inspector to allow the construction of a one- story addition at the front of his dwelling having a front setback of 38.17 feet from Rockland Avenue, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-32 Subsection B(1) January 7, 1986 "Construction Requirements for R-15 One Family Residence District" which requires a minimum front setback of 40 feet on the premises located at 142 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 524; and WHEREAS Mr. Neaman has submitted an application to this Board for a variance on the grounds of practical diffi- culty and unnecessary hardship for the following reasons: 1. The house was built in the 1800s, and the entryway is too small, allowing only one person at a time in it. 2. A storm entryway is desired so people are not out- side in the elements, and it will be built on the present platform which is hidden by bushes and I will maintain the present setback. WHEREAS this Board has examined the plans, reviewed the appli- cation, and has heard all persons interested in this appli- cation, after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the application on the following grounds: (a) That there are special circumstances and/or - conditions applying to the land and/or build- ,r ,., ing for which the variance is sought, which cir- cumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: 1. Applicant wants a larger entryway which also will protect people from the elements. 2. The entryway will be built on the present platform which is hidden by bushes and will maintain the present nonconforming front setback. 3. That said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-32 Subsection B(1) "Construction Require- ments for R-15 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare. i 4 January 7, 1986 FURTHER RESOLVED that a variance is hereby granted and that Article VI Section 89-32 Subsection B(1) "Construction Re- quirements for R-15 One Family Residence District" be varied and modified so as to allow the construction of a one-story addition at the front of the dwelling on the premises lo- cated at 142 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 524 in strict conformance with plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that in accordance with the Rules and Regu- lations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 6 - CASE 717 The application was read by the Chairman as follows: Application of Mr. and Mrs. Joseph Yasgur for modification of Article III Section 89-14 "Required Street Frontage" which requires a mini- mum street frontage of 100 feet or suitable access in accordance with Section 280-a of the Town Law to allow the construction of an addition and alterations to dwelling on interior lot having no front- age on a public street on the premises located at 7 Deerfield Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 92 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Gioffre, the representative for Mr. Yasgur who was present in the audience, handed out a survey prepared recently by Richard Spinelli showing the approach to the property from Deerfield Lane, as well as from Rockland Road, which on older maps is sometimes seen as Winfield. Household members use both roads as access, he said. Mr. Gioffre further noted: 1. The report of title showed that the title had been recertified to Yasgur on May 30, 1984. 2. A series of easements on the map are at what is indicated as Winfield. 3. The permit application is for an addition of only 225 square feet to a 4100 square foot existing dwelling on a parcel of substantial size. 4. In 1956 Mr. Paonessa, Building Inspector, issued a permit for I January 7, 1986 building an addition to this house. Looking at the map, the shaded areas have had some type of renovation which has heretofore been granted properly and attested to by proper authorities of the jurisdiction thereover. 5. Code Section 89-3 which defines "lot," as well as another Code which states that an application that was granted in the past would also have to be granted now. 6. Requirement of fire access has been satisfied. Mr. Gioffre completed his presentation, stating that denial of the application would be denial of applicants' reasonable use of their property, as the plan would create no adverse effects to the en- vironment, nor to others. Mr. Kelleher asked for a brief description of the desired change. Mr. Yasgur answered that it was to enlarge the kitchen in order to have more eating space. Town Counsel asked if there had ever been an application for an alternate access, and the Building Inspector, after giving a brief history, answered no. The Chairman stated that there is ample access. Mrs. Price asked what types of easements these are, and Mr. Gioffre answered they are permanent and perpetual. There were no questions or statements of either opposition or sup- port from the audience. Mrs. Price moved that this is a Type II application having no sig- nificant environmental impact, the Chairman seconded, and the motion was unanimously approved. Mr. Kelleher moved to accept the application on the grounds of prac- tical difficulty and hardship, Mr. Simon seconded, and the applica- tion was unanimously approved and the following resolution adopted: WHEREAS Mr. and Mrs. Joseph Yasgur have submitted an application to the Building Inspector to allow the con- struction of an addition and alterations to their dwell- ing on an interior lot having no frontage on a public street, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article III Section 89-14 "Required Street Frontage" which requires a minimum street frontage of 100 feet or suitable access in accordance with Section 280-a of the Town Law on the premises located at 7 Deer- field Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 92; and WHEREAS Mr. and Mrs. Joseph Yasgur have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: January 7, 1986 Applicants desire to enlarge their kitchen so as to have more eating space. This would be more in keeping with a 4100 square foot house. WHEREAS this Board has examined the plans, reviewed the application, and has heard all persons interested in this application, after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the application on the following grounds: (a) That there are special circumstances and/or conditions applying to the land and/or build- ing for which the variance is sought, which cir- cumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: 1. Applicants want to enlarge their kitchen so as to provide more eating space. 2. Their house has 4100 square feet and a larger kitchen is in keeping with this size. 3. There is ample access to this interior lot. 4. That said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Article III Section 89-14 "Required Street Frontage" would deprive the applicants of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 5. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare. FURTHER RESOLVED that a variance is hereby granted and that Article III Section 89-13 "Required Street Frontage" be varied and modified so as to allow the construction of an addition and alterations to the dwelling on the premises located at 7 Deerfield Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 325 Parcel 92 in strict conformance with plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck; and it is January 7, 1986 FURTHER RESOLVED, that in accordance with the Rules and Regu- lations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 7 - CASE 718 The application was read by the Chairman as follows: Application of Mr. and Mrs. Joseph. Wiener for modification of Article X Section 89-56 "Nonconforming Use of Buildings" which does not permit the enlargement of dwellings unless proposed use conforms to Zoning District where it is located. Existing two-family, nonconforming dwelling is located in a One Family R-10 Residential District. Also, proposed construction does not comply with Article VI Section 89-33 "Construction Requirements for R-10 One Family District" which re- quires a minimum setback of 23.62 feet on the premises located at 733 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 389 on the grounds of practical diffi- culty and/or unnecessary hardship. Mrs. Wiener said that about a year ago they had applied for a similar modification which was granted. That application involved raising part of the roof. Now they want to raise the entire roof and move an outside wall about 4 feet to the south. She explained they want to replace and fix the second floor bathrooms, constructed 81 years ago with no electric outlets, insufficient ventilation, and old fixtures. The existing width, she said, will not allow for a bath- tub without moving the wall in the adjacent hall which is already small. In addition, lifting the roof will also provide a door to the master bedroom which presently does not have independent access. The outside walls would be within limits of the first floor, she added. The Building Inspector told the Board that a one and one-half story variance was granted to the previous owner. Mr. Simon asked if two families live there at the same time, and Mrs. Wiener answered yes. The Building Inspector added that the house was built prezoning and pre-Building Code and has been used as a two-family dwelling since construction. Mrs. Price stated that her only concern was that whatever was done to this house should be conforming and attractive, as well as func- tional, and Mrs. Wiener answered that the front will stay the same and the changes will be more compatible, she believes. The Chairman asked if the house could be stretched to a three-family, and Town Counsel answered no. Mrs. Wiener explained that they were not adding, only improving on what was already there. /0 January 7, 1986 There were no comments, for or against, from the audience. The Chairman asked for confirmation that all notices were sent out, which they were. Mrs. Price moved that this application be considered a Type II Action having no significant environmental impact. The Chairman seconded this motion, and the Board unanimously approved this motion. Mr. Simon moved that the variance be granted due to practical diffi- culty in the use of the property, as requested. This motion was seconded by Mr. Kelleher and approved by the Board unanimously, and the follow- ing resolution adopted: WHEREAS Mr. and Mrs. Joseph Wiener have submitted an application to the Building Inspector to allow the construction of an enlarge- ment above their present dwelling which does not conform to the Zoning District where it is located nor to the required setback, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article X Section 89-56 "Nonconforming Use of Buildings" which does not permit the enlargement of dwellings unless proposed use conforms to Zoning District where it is located and also Article VI Section 89-33 "Construction Requirements for R-10 One Family District" which requires a minimum setback of 23.62 feet on the premises located at 733 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 389; and WHEREAS Mr. and Mrs. Joseph Wiener have submitted an application to this Board for a variance on the grounds of practical diffi- culty and/or unnecessary hardship for the following reasons: 1. Applicants want to repair/replace second floor bathrooms which have no electric outlets, insufficient ventilation, and old fixtures because the house is 81 years old. 2. The roof must be raised and an outside wall moved 4 feet to the south to accommodate a tub in the bathroom, the only way it can be added. 3. Lifting the roof will also allow a door to the master bedroom which does not have independent access now. 4. The outside walls will be within limits of the first floor walls, and the existing nonconforming front set- back will be maintained. 5. The house was built before the Zoning and Building Codes were adopted, and it has been used as a two-family house since construction. WHEREAS this Board has examined the plans, reviewed the applica- tion, and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board granted the appli- cation on the following grounds: II January 7, 1986 (a) That there are special circumstances and/or conditions applying to the land and/or build- ing for which the variance is sought, which cir- cumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditons are as follows: 1. The house was built 81 years ago, and appli- cants want to repair/replace second floor bathrooms which have no electric outlets, insufficient ventilation, and old fixtures. 2. In order to accommodate a bathtub in the bath- room, the roof must be raised and an outside wall moved 4 feet to the south. 3. Lifting the roof will also allow for a door to the master bedroom which does not now have independent access. 4. The outside walls will be within limits of the first floor walls, and existing front setback maintained. 5. The house was built before the Zoning and Building Codes were adopted, and it has been used as a two- family house since construction. 6. There was no opposition from neighbors. 7. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article X Section 89-56 "Noncon- forming Use of Buildings" and to Article VI Sec- tion 89-33 "Construction Requirements for R-10 One Family District" would deprive applicants of the reasonable use of the building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 8. That the granting of the variance is in harmony with the general purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted and that Article X Section 89-56 "Nonconforming Use of Buildings" and Article VI Section 89-33 "Construction Requirements for R-10 One Family Dis- trict" be varied and modified so as to allow the enlargement of the dwelling by lifting the roof and making alterations and which will maintain the existing nonconforming front setback on the premises located at 733 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 389, in strict conformance with plans filed with this application, pro- 1•I January 7, 1986 vided that the applicant complies in all other respects with ,•� the Zoning Ordinance and Building Code of the Town of Mama- roneck; and it is FURTHER RESOLVED, that in accordance with the Rules and Regu- lations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 8 - CASE 719 This application was withdrawn by a letter dated December 31, 1985, by the applicant. ADJOURNMENT There being no further business to come before this Board, the meet- ing was adjourned by the Chairman at 9:30 P.M. Cynthi Fawcett Secretary